The original instrument was prepared by Alan Miller. The following digest, which
does not constitute a part of the legislative instrument, was prepared by J.W. Wiley.
DIGEST
SB 255 Re-Reengrossed 2015 Regular Session Morrell
Proposed law requires that when funding is made available, each public postsecondary institution
shall administer an annual, anonymous sexual assault climate survey to its students who choose to
participate.
Proposed law requires the Board of Regents, in consultation with the public postsecondary education
management boards, to develop the survey and establish procedures for the administration of the
survey and use the survey developed by the Center on Violence Against Women and Children at the
Rutgers University School of Social Work as a model.
Proposed law requires each public postsecondary institution to:
(1)Administer the survey to students who choose to participate.
(2) Report school-specific results of the survey to the Board of Regents.
Proposed law requires the Board of Regents to:
(1)Submit a written report not later than September 1st of each year regarding the survey results
of each public postsecondary institution and the state as a whole to the governor and the
Senate and House of Representatives committees on education for the previous academic
year.
(2)Publish the survey results on the board's website and in any other location or venue the board
deems necessary or appropriate.
Proposed law provides that the provisions of proposed law be implemented as expeditiously and to
the maximum extent possible utilizing any and all available funding sources, including funding
provided by the legislature.
Proposed law creates the Campus Accountability and Safety Act.
Proposed law requires each public postsecondary institution that receives any Title IV funding from
the U.S. Dept. of Education to comply with proposed law.
Proposed law requires each institution and area law enforcement and criminal justice agency located
within the parish to enter into a memorandum of understanding (MOU) to clearly delineate
responsibilities and share information in accordance with applicable federal and state confidentiality
laws, including but not limited to trends about sexually-oriented criminal offenses occurring against students of the institution.
Proposed law requires each institution to update the MOU with each law enforcement agency every
two years.
Proposed law requires the MOU to include:
(1)Delineation and sharing protocols of investigative responsibilities.
(2)Protocols for investigations, including standards for notification and communication and
measures to promote evidence preservation.
(3)Agreed-upon training and requirements for the parties to the MOU on issues related to
sexually-oriented criminal offenses for the purpose of sharing information and coordinating
training to the extent possible.
(4)A method of sharing general information about sexually-oriented criminal offenses occurring
within the jurisdiction of the parties to the MOU in order to improve campus safety.
Proposed law requires local law enforcement agency to include information on its police report
regarding the status of the alleged victim as a student at an institution as defined in proposed law.
Proposed law provides that the institution shall not be held liable if the local law enforcement agency
refuses to enter into a MOU as required by proposed law.
Proposed law requires the Board of Regents to establish uniform policies and best practices to
implement measures to address the reporting of sexually-oriented criminal offenses on postsecondary
campuses, the prevention of such crimes, and the medical and mental health care needed for these
alleged victims that includes the following:
(1)Confidential advisors. The institution shall designate individuals who shall serve as
confidential advisors, such as health care staff, clergy, staff of a women's center, or other
such categories. Such designation shall not preclude the institution from partnering with
national, state, or local victim services organizations to serve as confidential advisors or to
serve in other confidential roles.
(a)The confidential advisor shall complete the training requirements as provided in
proposed law.
(b)Not later than Jan. 1, 2016, the attorney general in collaboration with the Board of
Regents shall develop online training materials.
(c)The confidential advisor shall inform the alleged victim of the following:
(i)The rights of the alleged victim under federal and state law and the policies of the institution.
(ii)The alleged victim's reporting options, including the option to notify the
institution, the option to notify local law enforcement, and any other reporting
options.
(iii)If reasonably known, the potential consequences of the reporting options.
(iv)The process of investigation and disciplinary proceedings of the institution.
(v)The process of investigation and adjudication of the criminal justice system.
(vi)The limited jurisdiction, scope, and available sanctions, of the institutional
student disciplinary proceeding and should not be considered a substitute for
the criminal justice process.
(vii)Potential reasonable accommodations that the institution may provide to an
alleged victim.
(viii)The name and location of the nearest medical facility where an alleged victim
may have a rape kit administered by an individual trained in sexual assault
forensic medical examination and evidence collection, and information on
transportation options and available reimbursement for a visit to such facility.
(d)The confidential advisor may serve as a liaison between an alleged victim and the
institution or local law enforcement, when directed to do so in writing, and assist an
alleged victim in contacting and reporting to a postsecondary education responsible
employee or local law enforcement.
(e)The confidential advisor shall be authorized by the institution to liaise with
appropriate staff to arrange reasonable accommodations to allow the alleged victim
to change living arrangements or class schedules, obtain accessibility services, or
arrange other accommodations.
(f)The confidential advisor shall be authorized to accompany the alleged victim to
interviews and other proceedings of a campus investigation and institutional
disciplinary proceedings.
(g)The confidential advisor shall advise the alleged victim of, and provide written
information regarding, both the alleged victim's rights and the institution's
responsibilities regarding orders of protection, no contact orders, restraining orders,
or similar lawful orders issued by a court of competent jurisdiction or by the
institution.
(h)The confidential advisor shall not be obligated to report crimes to the institution or law enforcement in a way that identifies an alleged victim or an accused individual,
unless otherwise required to do so by law. The confidential advisor shall, to the
extent authorized under law, provide confidential services to students. Any requests
for accommodations, made by a confidential advisor shall not trigger an investigation
by the institution.
(i)No later than the beginning of the 2016-2017 academic year, the institution shall
appoint an adequate number of confidential advisors. The Board of Regents shall
determine the adequate number of confidential advisors for an institution based upon
its size no later than Jan. 1, 2016.
(j)Each institution that enrolls fewer than 5,000 students may partner with another
institution in their system or region to provide services.
(k)Each institution may offer the same accommodations to the accused that are required
to be offered to the alleged victim.
(2)Website. The institution shall list on its website:
(a)The contact information for obtaining a confidential advisor.
(b)Reporting options for alleged victims of a sexually-oriented criminal offense.
(c)The process of investigation and disciplinary proceedings of the institution.
(d)The process of investigation and adjudication of the criminal justice system.
(e)Potential reasonable accommodations that the institution may provide to an alleged
victim.
(f)The telephone number and website address for a local, state, or national hotline
providing information to sexual violence victims, which shall be updated on a timely
basis.
(g)The name and location of the nearest medical facility where an individual may have
a rape kit administered by an individual trained in sexual assault forensic medical
examination and evidence collection, and information on transportation options and
available reimbursement for a visit to such facility.
(3)Online reporting. The institution may provide an online reporting system to collect
anonymous disclosures of crimes and track patterns of crime on campus. An individual may
submit a confidential report about a specific crime to the institution using the online
reporting system. If the institution uses an online reporting system, the online system shall
also include information regarding how to report a crime to a responsible employee and law
enforcement and how to contact a confidential advisor. (4)Amnesty policy. The institution shall provide an amnesty policy for any student who reports,
in good faith, sexual violence to the institution. Such student shall not be sanctioned by the
institution for a nonviolent student conduct violation, such as underage drinking, that is
revealed in the course of such a report.
(5)Training. Not later than Jan. 1, 2016, the Board of Regents, in coordination with the attorney
general and in consultation with state or local victim services organizations, shall develop
a program for training for each individual who is involved in implementing an institution's
student grievance procedures, including each individual who is responsible for resolving
complaints of reported sex offenses or sexual misconduct policy violations, and each
employee of an institution who has responsibility for conducting an interview with an alleged
victim of a sexually-oriented criminal offense. Each institution shall ensure that the
individuals and employees receive the training described in proposed law no later than the
beginning of the 2016-2017 academic year.
Proposed law requires the Board of Regents' Uniform Policy on Sexual Assault to require that public
and nonpublic institutions communicate with each other regarding transfer of students against whom
disciplinary action has been taken as a result of a code of conduct violation relating to sexually-
oriented criminal offenses.
Proposed law requires the Board of Regents' Uniform Policy on Sexual Assault to require that public
and nonpublic institutions withhold transcripts of students seeking a transfer with pending
disciplinary action relative to sexually-oriented criminal offenses, until such investigation and
adjudication is complete.
Proposed law provides that all required provisions for implementation of this Act shall be achieved
with existing staff and resources unless a specific appropriation is provided for these purposes.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 17:3351(H) and R.S. 17:3399.11 through 3399.15 )
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the original bill
1. Provides that proposed law becomes effective when funding is made available.
2. Removes requirement that survey be administered to faculty and employees.
3. Provides that student participation in the survey is voluntary.
4. Makes present law applicable only to public postsecondary institutions. 5. Removes requirement that each institution designate a employee responsible for
reporting or redressing offenses.
6. Provides that Board of Regents' policy shall prescribe method of updating
memorandum of understanding between postsecondary institutions and law
enforcement and criminal justice agencies.
7. Provides for method of sharing general information to improve campus safety.
8. Provides for certain information to be included in police reports.
9. Provides that institution is not liable if local law enforcement agencies refuse to enter
into memorandum of understanding.
10.Changes terminology regarding "victims" to "alleged victims".
11.Provides for inter-campus transfer policy.
12.Requires each nonpublic postsecondary institution to annually submit its campus
safety plan to combat sexual harassment to the Board of Regents, beginning Aug. 16,
2016.
13.Makes technical corrections.
Committee Amendments Proposed by Senate Committee on Finance to the engrossed bill
1. Provides that in Board of Regents policies, confidential advisor shall provide
information to alleged victim regarding orders issued by institutions.
2. Provides that in Board of Regents policies, each institution may offer the same
accommodations to the accused that are required to be offered to the alleged victim.
3. Provides that Board of Regents' Uniform Policy on Sexual Assault requires public
and nonpublic institutions to communicate with each other regarding inter-campus
transfers and to withhold transcripts of students seeking a transfer with a pending
disciplinary action relative to sexually-oriented criminal offenses.
4. Provides that the Board of Regents shall identify a common notation to be used by
institutions on the transcript of a student who has had a disciplinary action taken
against him, which mark shall not reveal the nature of the action and which shall be
removed if the student's record is cleared.
5. Deletes provision requiring that beginning Aug. 1, 2016, every private institution in
the state annually submit its campus safety plan to combat sexual harassment to the
Board of Regents. 6. Provides that all required provisions for implementation of Act shall be achieved
with existing staff and resources unless a specific appropriation is provided for these
purposes.
Senate Floor Amendments to reengrossed bill
1. Limits proposed law to public postsecondary institutions.
2. Removes the common notation requirements from proposed law.
3. Makes technical corrections.